Devlin v. Mayor
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by John B. Devlin, as administrator of Charles Devlin, deceased, against the mayor, aldermen, and commonalty of the city of New York; and Thomas Hope individually, and as administrator of A. S. Hope, deceased; Samuel Donaldson; Martin Thatcher, as trustee of Tilly B. Pratt, deceased; and Charles F. Blish, as administrator of Charles D. Blish, deceased,—to recover for work performed under a contract with the city for cleaning…
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Appeal from judgment on report of referee. Action by John B. Devlin, as administrator of Charles Devlin, deceased, against the mayor, aldermen, and commonalty of the city of New York; and Thomas Hope individually, and as administrator of A. S. Hope, deceased; Samuel Donaldson; Martin Thatcher, as trustee of Tilly B. Pratt, deceased; and Charles F. Blish, as administrator of Charles D. Blish, deceased,—to recover for work performed under a contract with the city for cleaning the streets thereof, and for a breach of such contract by the city. From a judgment for plaintiff, entered upon the…
1Dissent
PRYOR, J.,
(dissenting.) After a chequered career of nearly 30 years’ controversy in the courts, the case has terminated at last in a judgment in favor of the respondents for a sum very little short of a million dollars. Except under compulsion of obvious and essential error, I cannot consent, by reversal of the judgment, to start the cause again on a course of doubtful and indefinite litigation, from which, by the death and disappearance of witnesses, it is not likely to issue in a result as consistent with the interests of justice as the conclusion now before us. So long ago as 1875 the…
2Cases cited5 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Reed v. . McConnellNew York Court of Appeals · 1886
- Betjeman v. New York Elevated RailroadNew York Court of Common Pleas · 1892